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This is a question that has tormented early childhood professionals for months … In an order issued Monday, October 25, the Council of State ruled that the law of August 5, 2021 on the vaccination obligation of health personnel concerns nursery professionals.

The administrative judge thus supports his reasoning: “Nurses and childcare auxiliaries are among the health professionals governed by Part Four of the Public Health Code. It follows that even when they exercise their profession not in a health establishment but in an early childhood establishment, they come within the scope of the vaccination obligation (…) Consequently, other working people are also included. in these same establishments ”.

This decision was rendered in the context of a dispute between the city of Nanterre and nursery workers, supported by unions. Their employer wanted to force them to be vaccinated, which they contested. But for the Council of State, the law of August 5, 2021 must apply to professionals working in nurseries, not only in Nanterre, but also everywhere in France!

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Pragmatism required

This decision worries many professionals in the sector, as noted by the website Les Pros de la petitefance. “We are disappointed with the decision rendered by the Council of State which did not follow our arguments showing that the vaccination obligation wanted by the legislator applied to health professionals in contact with vulnerable people (which is not the case of early childhood staff) ”, deplores Guillaume Bac, general secretary of the Hauts de Seine interco-CFDT union, which had brought the case to court. According to him, “the judge unfortunately validated a literal reading of this law”.

However, he hopes that the government will do what is necessary to lift this obligation: “The State can always intervene to specify by decree that early childhood staff are not concerned, in view of their professional context by the vaccination obligation”, considers he does. Until then, he hopes that employers “will remain pragmatic by continuing to follow the recommendations of the DGCS and the DGCL”, that is to say by not forcing professionals to be vaccinated against covid-19. . He adds that this judgment is “bad news for a sector which is already facing serious recruitment difficulties in both the private and public sectors”.

An amendment tabled by senators?

As for the French Federation of nursery businesses, it does not intend to stop there: “The FFEC will devote the next few hours to convincing the senators to table amendments before tomorrow, the start of the debate in public session in the Senate of the bill. on the management of the health crisis, explained Elsa Hervy, general delegate, to the site Les Pros de la petitefance. The rule relating to compulsory vaccination must now be set in law and, if the government decides to change its mind and subject nursery and micro-crèche professionals to compulsory vaccination, it must leave to early childhood the same implementation times as for caregivers ”.

letelegramme Fr Trans

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